ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Criminal Revision Appln. No. S- 75 of 2021.

Date of hearing

Order with signature of Judge

17.11.2022.

1.         For orders on M.A. No. 4742/2022 (Urgency Application).

2.         For orders on office objections.

3.         For hearing of main case.

            Applicant is present in person.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

~~~~~~~

Amjad Ali Sahito, J.  This criminal revision is directed against the Order dated 20.09.2021 passed by the Court of learned 5^th Additional Sessions Judge, Shikarpur, whereby Direct Complaint No.21/2021, re; Badaruddin v. Shabir and others, was dismissed.

            Facts of the case are that direct complaint was filed by the applicant against accused Shabir and 5 others, stating therein that on 07.05.2021 he alongwith his wife, his brothers Abdul Waheed and Zubair Ahmed and other house inmates were available I the house; outer door was open; it was 1200 hours when two motorcycles came and parked outside of the main door; they saw and identified accused Shabir, Umar, Sher, Manzoor, Lakhan, Parvaiz, who trespassed into the house. All of them took out T.T pistols; pointed the same upon complainant party and asked them to keep silent, who due to fear remained silent. The accused then asked complainant party to give them gold and cash available with them, who resisted, as such accused Shabir caused the complainant a butt blow of pistol on his face, nose and robbed cash of Rs.30,000/- lying in his pocket. Meanwhile accused Sher and Manzoor entered into room and broken the lock of iron rack and robbed ladies ring of half tola gold, one pair of ear rings. Then all the accused went away. The complainant went to police station; obtained letter for treatment and then nekmards asked him not to report the matter to police and kept him on hopes and ultimately the complainant lodged F.I.R at P.S Stuart Ganj on 30.6.2021.

            It reveals that an application was filed in the Court of learned Sessions Judge/ Ex-Officio/Justice of Peace for order to register F.I.R, that application was allowed and F.I.R No.83/2021 was registered and after investigation the said F.I.R was disposed of under “C” class. Therefore, the complainant filed direct complaint, which has been dismissed vide impugned order, and it has been challenged in the present criminal revision application.

            Heard applicant in person and learned D.P.G. The latter supported the impugned order and prayed for dismissal of instant revision.

            Perusal of the impugned order reflects that the learned trial Court while dismissing the direct complaint observed that facts so disclosed by complainant in this complaint have already narrated in F.I.R No.83/2021, investigated by police officer and ultimately decided by competent court of law vide order dated 02.8.2021. Such order was required to be challenged by complainant before the appropriate forum but he did not do so and chosen to file instant complaint stating the same set of facts. Now entertaining the same set of facts at this stage would indirectly be constituted a review of the order passed by Judicial Magistrate for which this Court is not competent. The power to strike down the order of learned Magistrate or to check its vires vested with Hon’ble High Court. 

            A careful perusal of the impugned order reflects that the order is well-reasoned and speaking. The applicant has not been able to demonstrate any other cogent ground legal infirmity in the impugned order; hence, same do not call for any interference by this Court. Accordingly, the captioned revision application stands dismissed.

                                                       Judge

Ansari